United States v. Michael Labarbara, Jr.

WINTER, Chief Judge:

Michael LaBarbara, Jr., appeals from a conviction after a jury trial for conspiracy to steal union welfare benefits in violation of 18 U.S.C. § 371, theft from an employee-benefit plan in violation of 18 U.S.C. § 664, embezzlement of union property in violation of 29 U.S.C. § 501(c), and seven counts of mail fraud in violation of 18 U.S.C. § 1341. La-Barbara was sentenced by Judge Spatt to 108 months imprisonment’and five years supervised release, ordered to make restitution of $8,300,000, and charged a special assessment of $550.

We hold that the evidence of the use of the…